Thread: Car Totaled:(
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      11-16-2012, 09:25 AM   #84
ndog14
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Drives: E90 328xi 6MT
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Quote:
Originally Posted by bmwkbiker View Post
Glad to here the damage was primarily restricted inanimate objects and not either driver.

Just hypothetically speaking say our OP was doing 100 in a 45 mph zone and our cheerleader doesn't yield to him, because she thinks she has plenty of time to clear the intersection. Who is at fault now?

Things are rarely as black as white as people like to assume. There are lots of way to get good estimates vehicle speeds based on collision data. I'm not suggesting the other driver isn't at fault, but the the pictures would suggest the BMW driver hit the the other vehicle (that likely should have yielded). But this also suggests that speed and a potential lack of situational awareness can't be ignored as possible contributing factors.
100 in a 45 is different that 50 in a 45.

If I rear end someone because they brake-check me I'm still at fault. The chick failed to yield, end of story.